Berry v. Gramley

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

In his petition for a writ of habeas corpus, Wilder Kendric Berry claims that his privately retained trial counsel, Leo I. Fox, was constitutionally ineffective in representing petitioner at his 1992 trial on the charges of aggravated kidnaping and aggravated criminal sexual assault. After briefing the issue, this court held an evidentiary hearing (the “habeas hearing”) 1 at which petitioner, Fox and two other witnesses testified. Based on the record presented, this court is convinced that Fox’s representation of petitioner was incompetent…